Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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When a Bank Fails: Jurisdiction Over Claims Against Banks Under Liquidation
Philippine Supreme Court rules on which court hears claims against a bank placed under PDIC liquidation, voiding orders from a court without jurisdiction.
Foreign Bank Foreclosures in the Philippines: Lessons from Parcon-Song v. Parcon
A 2020 Supreme Court ruling clarifies when foreign banks may foreclose on Philippine property and why the timing of the foreclosure matters.
Compromise Agreements VS Mortgage Rights CAN Banks Foreclose After Restructuring Loans
Mutuality of Contracts: When Banks Cannot Unilaterally Change Interest Rates
Philippine Supreme Court ruling on banks' unilateral interest rate hikes violating mutuality of contracts under Article 1308, Civil Code.
When Banks Can Freeze a Deceased Depositor's Account: Allied Bank v. Sia
Supreme Court clarifies when banks may freeze accounts after a depositor's death, protecting estates and preventing premature withdrawals.
Pre-Approved Credit Cards: Consent to Terms Must Be Proven
Banks must prove cardholders consented to credit card terms. Without proof, only legal interest applies.
Bank Liability for Unauthorized Withdrawals: Upholding Fiduciary Duty in Banking Transactions
Philippine Supreme Court holds banks liable for honoring unauthorized withdrawals, reinforcing fiduciary duty and strict compliance with depositor instructions.
When Banks Fail to Protect Vulnerable Parties: Mortgage in Bad Faith Under Philippine Law
Philippine National Bank v. Spouses Anay: banks cannot claim good-faith mortgagee status when they ignore obvious signs of vitiated consent.
Mortgage in Good Faith: How Banks Are Protected in Registered Land Transactions in the Philippines
The Supreme Court explains when a bank-mortgagee in good faith is protected even if the mortgagor's title came from a forged deed.
CBA vs Bank Policy: Protecting Workers' Rights Against Unilateral Loan Changes
Supreme Court rules banks cannot impose credit-check requirements on CBA salary loans without negotiating with the union first.
Quieting of Title: Banks Must Verify Ownership Before Accepting Untitled Land as Mortgage
A bank that fails to verify ownership of untitled land before accepting it as mortgage security loses the property. Learn the rules on quieting of title and due diligence.
Can a Trustee Mortgage Property Without the Owner's Consent? Supreme Court Says No
Learn from a 2017 Supreme Court ruling why a trustee cannot mortgage trust property without the owner's consent, and the consequences for banks that fail to verify ownership.
When Banks Can Refuse Payment: B.P. 22 and Bank Closure in Cu v. SB Corp.
Supreme Court ruling on B.P. 22 liability when a bank is closed by the Monetary Board and placed under PDIC receivership.
Estafa and Civil Liability: When Acquittal Doesnt Guarantee Freedom From Civil Claims
Explore the distinction between criminal acquittal and civil liability in estafa cases, and how banks can be held accountable.
Check Fraud Liability: When a Drawee Bank Can Recover From a Collecting Bank
Philippine Supreme Court clarifies when a drawee bank can avoid liability for unauthorized check payments and how drawers can recover directly from negligent collecting banks.
Insurance Proceeds AND Corporate Rehabilitation Land Banks Obligation TO Reimburse
Due Diligence Defined: Banks' Responsibility in Mortgage Transactions
The Supreme Court clarifies that banks must exercise higher due diligence than ordinary lenders before accepting property as mortgage collateral.
Correspondent Banks' Right to Reimbursement in Dishonored Letters of Credit
Philippine Supreme Court ruling on correspondent banks' right to reimbursement when letters of credit are dishonored, explained in plain language.
Deficiency Claims After Foreclosure: Banks' Rights and Limits on Penalties
Philippine Supreme Court clarifies that banks may collect deficiency after extrajudicial foreclosure, but courts can reduce excessive penalty charges.
Banks' Duty of Utmost Diligence: Liability for Forged Manager's Checks
When a bank clears a counterfeit manager's check bearing its own officers' forged signatures, it bears the loss—not the depositor.
Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking
Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.
Mutuality of Contracts: Banks Cannot Unilaterally Raise Interest Rates Without Borrower Consent
Philippine Supreme Court ruling on why banks cannot unilaterally increase loan interest rates without borrower consent, citing mutuality of contracts principle.
PDIC Role in Bank Insolvency Cases: Representative, Not Substitute Party
Explains Balayan Bay Rural Bank v. NLDC, clarifying PDIC's role as representative party, not substitute, in suits involving closed banks.
Breach of Contract: Upholding Banks' Right to Set Off Loans Against Deposits
Supreme Court rules banks may set off deposits against unpaid loans when valid hold-out agreements exist, reversing lower court rulings.